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FILED
11/8/2023 3:49 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Treva Parker-Ayodele DEPUTY
CAUSE NO. DC-22-01952
CLEOFES JOSE TURCIOS, IN THE DISTRICT COURT
Plaintiff,
VS. 192ND JUDICIAL DISTRICT
TONY TRINH AND TRINH TRINH,
Defendants. DALLAS COUNTY, TEXAS
DEFENDANT TRINH TRINH’S MOTION FOR SUMMARY JUDGMENT
TRINH TRINH, hereinafter referred to as Defendant, whether one or more, files this
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, and respectfully shows the Court the
following:
TRINH TRINH, Defendant, hereinafter referred to as “Owner” moves for a summary
judgment dismissing Defendant in this proceeding, and in support of this motion shows:
I.
FACTS
This cause was filed as a result of an automobile accident involving vehicles operated by
Plaintiff, CLEOFES JOSE TURCIOS, and Defendant, TONY TRINH, hereinafter referred to as
“Driver”. At the time of the accident, TRINH TRINH was the owner of the vehicle driven by the
Defendant Driver. Plaintiff alleges various acts of negligence on the part of Driver. Plaintiff further
alleges that Owner negligently entrusted that vehicle to Driver and is likewise responsible for the
accident in question.
Turcios vs. Trinh, et al. PAGE 1
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
0580492874.]
NEGLIGENT EIETRUSTMENT
To establish a cause of action for negligent entrustment, Plaintiff must show that, (1) the
owner entrusted the vehicle, (2) to an unlicensed, incompetent or reckless driver, (3) who the owner
knew or should have known was unlicensed, incompetent or reckless, (4) that the driver was
negligent on the occasion in question, and (5) that the driver’s negligence proximately caused the
accident. Soodeen v. Rychel, 802 S.W.2d 361 (Tex.App.-Houston [lst Dist] 1990). The entrustment
of a vehicle to a person who does not have a valid driver’s license is negligence per se. Mundy v.
Pirie—Slaughter Motor C0., 206 S.W.2d 587, 590 (Tex. 1947); Arias v. Aguilar, 515 S.W.2d 313,
316 (Tex.App.-Corpus Christi 1974, no writ). A license is evidence that a person possesses a
minimum level of competence and skill as a driver. Mundy, 206 S.W.2d at 5 89; Bartley v. Budget
Rent-A-Car Corp, 919 S.W.2d 747, 752 (Tex.App.-Amarillo 1996, writ denied). An unrestricted
driver’s license is prima facie evidence of a party’s competence to drive a motor vehicle and,
without any evidence to the contrary at the time of the entrustment, conclusively negates the
element that the owner knew or should have known the driver was incompetent, Avalos v. Brown
Auto Ctr., 63 S.W.3d 42, 48 (TeX.App.-San Antonio 2001, no pet.); Bartley, 919 S.W.2d at 752.
To prove an action for negligent entrustment of a motor vehicle, the plaintiff must establish
the owner knew or should have known of the driver’s incompetence at the time of the entrustment,
Monroe v. Grider, 884 S.W.2d 811, 815 (Tex.App.-Dallas 1994, writ denied. Whether an owner
has a duty to inquire about a driver’s history is a question of law. Bartley, 919 S.W.2d at 752.
Generally, if the driver shows the owner a valid, unrestricted driver’s license, the owner has no
duty to further investigate the driver’s history. Id. However, if there is additional evidence at the
time of the entrustment that the driver might be incompetent, the owner is required to investigate.
Turcios vs. Trinh, et al. PAGE 2
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
0580492874.]
See id. Ignorance of a party’s driving record may not protect the owner from liability for negligent
entrustment See, e. g., Rusell v. Ramirez, 949 S.W.2d 480. 490 (Tex.App.-Houston [14th Dist.]
1997, no writ)
In the instant case, Defendant Tony Trinh had an unrestricted driver’s license issued by the
state of Texas, license number 16093998. See Defendant’s Exhibit A Thus, Defendant Tony Trinh
possessed the minimum level of competence and skill as a driver. There is no evidence to the
contrary and thus this element is conclusively negated.
The plaintiff has not presented any evidence that Defendant Trinh Trinh knew or should
have known of Defendant Tony Trinh’ s alleged incompetence at the time of the accident. Defendant
Tony Trinh had an unrestricted driver’s license at the time of the accident; thus, Defendant Trinh
Trinh had no further duty to investigate Defendant Tony Trinh’s driving history.
Further, the plaintiff has not presented any evidence that Defendant Tony Trinh was an
incompetent driver. On the contrary, all evidence suggests that Defendant Tony Trinh was a
competent driver at the time of the accident, making it impossible for Trinh Trinh to have any
knowledge to the contrary even if he did have a duty to investigate Defendant Tony Trinh’s driving
history. Defendant Tony Trinh had been in no prior accidents at the time of this accident and had
received no driving citations or warnings prior to the accident.
Under the circumstances, Owner had no reason to expect that Driver would drive in any
manner other than as a reasonable and carefi11 driver. Therefore, there was no negligence on the
part of Owner. Accordingly, there is no genuine issue of material fact regarding plaintiff’s claims
against Owner and Owner is entitled to a summary judgment as a matter of law pursuant to the
Texas Rules of Civil Procedure, Rule 166a(c).
Turcios vs. Trinh, et al. PAGE 3
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
0580492874.]
WHEREFORE, Defendant, TRINH TRINH requests that this matter be set for hearing,
with notice to Plaintiff, and that on the completion of the hearing the Court grants judgment for
Defendant, that P1aintiff(s) take nothing against this Defendant, and that Defendant recover all
costs together with such other and further relief to which Defendant may be justly entitled.
Respectfully submitted,
LAW OFFICE OF SAPNA PERERA
JESSI ULLILOVE
TBN: 4133126
P.O. Box 224566
Dallas, TX 75222
E-Service Only: DallasLegal@allstate.com
(469) 859-0029
(888) 385-2256 (main office number)
(877) 678-4763 (fax)
ATTORNEY FOR DEFENDANT(S)
TONY TRINH AND TRINH TRINH
Turcios vs. Trinh, et a1. PAGE 4
DEFENDANT’S MOTION FOR SUMMARY IUDGMENT
0580492874.1
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been served in compliance
with Rules 21 and 21a of the Texas Rules of Civil Procedure on the 8th day of November, 2023,
to:
David S. Kohm
David S. Kohm & Associates
1414 W. Randol Mill Rd., Ste. 118
Arlington, Texas 76012
lit-efile@attorneykohm.com
Attorney for Plaintiff
JESSICftJLLILOVE
Turcios vs. Trinh, et a1. PAGE 5
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
0580492874.1
722m: DRIVER LICENSE .9
Wm 16093998
m 06/18/2018
.c....cu
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7 ~. ooa 05/25/1987
'. TRINH h
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Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Lori Munoz on behalf of Jessica Fullilove
Bar No. 24133126
lori.munoz@allstate.com
Envelope ID: 81449123
Filing Code Description: Motion - Summary Judgment
Filing Description:
Status as of 11/9/2023 11:17 AM CST
Associated Case Party: CLEOFESJOSETURCIOS
Name BarNumber Email TimestampSubmitted Status
David Kohm 1 1658563 lit-efile@attorneykohm.com 11/8/2023 3:49:34 PM SENT
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FILED 11/8/2023 3:49 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Treva Parker-Ayodele DEPUTY CAUSE NO. DC-22-01952 CLEOFES JOSE TURCIOS, IN THE DISTRICT COURT Plaintiff, VS. 192ND JUDICIAL DISTRICT TONY TRINH AND TRINH TRINH, Defendants. DALLAS COUNTY, TEXAS DEFENDANT TRINH TRINH’S MOTION FOR SUMMARY JUDGMENT TRINH TRINH, hereinafter referred to as Defendant, whether one or more, files this DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, and respectfully shows the Court the following: TRINH TRINH, Defendant, hereinafter referred to as “Owner” moves for a summary judgment dismissing Defendant in this proceeding, and in support of this motion shows: I. FACTS This cause was filed as a result of an automobile accident involving vehicles operated by Plaintiff, CLEOFES JOSE TURCIOS, and Defendant, TONY TRINH, hereinafter referred to as “Driver”. At the time of the accident, TRINH TRINH was the owner of the vehicle driven by the Defendant Driver. Plaintiff alleges various acts of negligence on the part of Driver. Plaintiff further alleges that Owner negligently entrusted that vehicle to Driver and is likewise responsible for the accident in question. Turcios vs. Trinh, et al. PAGE 1 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 0580492874.] NEGLIGENT EIETRUSTMENT To establish a cause of action for negligent entrustment, Plaintiff must show that, (1) the owner entrusted the vehicle, (2) to an unlicensed, incompetent or reckless driver, (3) who the owner knew or should have known was unlicensed, incompetent or reckless, (4) that the driver was negligent on the occasion in question, and (5) that the driver’s negligence proximately caused the accident. Soodeen v. Rychel, 802 S.W.2d 361 (Tex.App.-Houston [lst Dist] 1990). The entrustment of a vehicle to a person who does not have a valid driver’s license is negligence per se. Mundy v. Pirie—Slaughter Motor C0., 206 S.W.2d 587, 590 (Tex. 1947); Arias v. Aguilar, 515 S.W.2d 313, 316 (Tex.App.-Corpus Christi 1974, no writ). A license is evidence that a person possesses a minimum level of competence and skill as a driver. Mundy, 206 S.W.2d at 5 89; Bartley v. Budget Rent-A-Car Corp, 919 S.W.2d 747, 752 (Tex.App.-Amarillo 1996, writ denied). An unrestricted driver’s license is prima facie evidence of a party’s competence to drive a motor vehicle and, without any evidence to the contrary at the time of the entrustment, conclusively negates the element that the owner knew or should have known the driver was incompetent, Avalos v. Brown Auto Ctr., 63 S.W.3d 42, 48 (TeX.App.-San Antonio 2001, no pet.); Bartley, 919 S.W.2d at 752. To prove an action for negligent entrustment of a motor vehicle, the plaintiff must establish the owner knew or should have known of the driver’s incompetence at the time of the entrustment, Monroe v. Grider, 884 S.W.2d 811, 815 (Tex.App.-Dallas 1994, writ denied. Whether an owner has a duty to inquire about a driver’s history is a question of law. Bartley, 919 S.W.2d at 752. Generally, if the driver shows the owner a valid, unrestricted driver’s license, the owner has no duty to further investigate the driver’s history. Id. However, if there is additional evidence at the time of the entrustment that the driver might be incompetent, the owner is required to investigate. Turcios vs. Trinh, et al. PAGE 2 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 0580492874.] See id. Ignorance of a party’s driving record may not protect the owner from liability for negligent entrustment See, e. g., Rusell v. Ramirez, 949 S.W.2d 480. 490 (Tex.App.-Houston [14th Dist.] 1997, no writ) In the instant case, Defendant Tony Trinh had an unrestricted driver’s license issued by the state of Texas, license number 16093998. See Defendant’s Exhibit A Thus, Defendant Tony Trinh possessed the minimum level of competence and skill as a driver. There is no evidence to the contrary and thus this element is conclusively negated. The plaintiff has not presented any evidence that Defendant Trinh Trinh knew or should have known of Defendant Tony Trinh’ s alleged incompetence at the time of the accident. Defendant Tony Trinh had an unrestricted driver’s license at the time of the accident; thus, Defendant Trinh Trinh had no further duty to investigate Defendant Tony Trinh’s driving history. Further, the plaintiff has not presented any evidence that Defendant Tony Trinh was an incompetent driver. On the contrary, all evidence suggests that Defendant Tony Trinh was a competent driver at the time of the accident, making it impossible for Trinh Trinh to have any knowledge to the contrary even if he did have a duty to investigate Defendant Tony Trinh’s driving history. Defendant Tony Trinh had been in no prior accidents at the time of this accident and had received no driving citations or warnings prior to the accident. Under the circumstances, Owner had no reason to expect that Driver would drive in any manner other than as a reasonable and carefi11 driver. Therefore, there was no negligence on the part of Owner. Accordingly, there is no genuine issue of material fact regarding plaintiff’s claims against Owner and Owner is entitled to a summary judgment as a matter of law pursuant to the Texas Rules of Civil Procedure, Rule 166a(c). Turcios vs. Trinh, et al. PAGE 3 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 0580492874.] WHEREFORE, Defendant, TRINH TRINH requests that this matter be set for hearing, with notice to Plaintiff, and that on the completion of the hearing the Court grants judgment for Defendant, that P1aintiff(s) take nothing against this Defendant, and that Defendant recover all costs together with such other and further relief to which Defendant may be justly entitled. Respectfully submitted, LAW OFFICE OF SAPNA PERERA JESSI ULLILOVE TBN: 4133126 P.O. Box 224566 Dallas, TX 75222 E-Service Only: DallasLegal@allstate.com (469) 859-0029 (888) 385-2256 (main office number) (877) 678-4763 (fax) ATTORNEY FOR DEFENDANT(S) TONY TRINH AND TRINH TRINH Turcios vs. Trinh, et a1. PAGE 4 DEFENDANT’S MOTION FOR SUMMARY IUDGMENT 0580492874.1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been served in compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure on the 8th day of November, 2023, to: David S. Kohm David S. Kohm & Associates 1414 W. Randol Mill Rd., Ste. 118 Arlington, Texas 76012 lit-efile@attorneykohm.com Attorney for Plaintiff JESSICftJLLILOVE Turcios vs. Trinh, et a1. PAGE 5 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 0580492874.1 722m: DRIVER LICENSE .9 Wm 16093998 m 06/18/2018 .c....cu .b a". 0512512023 7 ~. ooa 05/25/1987 '. TRINH h [TONY “iia 1533 mucosa ROAD ‘¢ FORT WORTH TX 19120 J1... v2 Restriction: A an End NONE ”3 - Is Hat 5207" Is 801 M 19 Eyes BR0 5 DD 45619880065108476610 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Lori Munoz on behalf of Jessica Fullilove Bar No. 24133126 lori.munoz@allstate.com Envelope ID: 81449123 Filing Code Description: Motion - Summary Judgment Filing Description: Status as of 11/9/2023 11:17 AM CST Associated Case Party: CLEOFESJOSETURCIOS Name BarNumber Email TimestampSubmitted Status David Kohm 1 1658563 lit-efile@attorneykohm.com 11/8/2023 3:49:34 PM SENT